Keep data breach laws tough, says ICO

The penalties for deliberate breaches of health, financial and other personal data must be kept strong, the Information Commissioner Richard Thomas has said.

He praised a section of a new bill currently working its way through parliament. Clause 76 of the Criminal Justice and Immigration Bill could lead to jail time for those convicted of buying or selling personal data.

"I am pleased that the government is now taking data protection, and the need to prevent security breaches, more seriously. But there have been powerful last-ditch efforts to get clause 76 removed from the Criminal Justice and Immigration Bill," Thomas said.

He added: "There has been widespread support for the government's decision to strengthen the law and - if data protection is to be taken seriously - it is vital that the government and other parties should stand firm against any possible amendments."

The Information Commissioner's Office (ICO) noted that this is the first legislation since several recent data losses - a perfect time to "demonstrate its seriousness in safeguarding people's personal information".

Thomas continued: "Losing half the country's child benefit records looks to have been a serious mistake, but at least it was accidental. If there is a change of heart on legislation aimed at deliberate security breaches, the government will find it hard to convince people that measures aimed at preventing data loss need to be taken seriously."

He stressed the new legal powers would not negatively affect journalists, some of whom are apparently concerned about their use of data from deliberate leaks or whistleblowers. "I know there are concerns in some quarters of the media, but - with a powerful public interest defence - responsible journalists have nothing to fear," he claimed.

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